FMLA Wrongful Termination

Under the FMLA, it is a wrongful termination for an employer to terminate an employee who took or is taking FMLA. The FMLA does not cover all employees.

Under the FMLA, employees have the right to take unpaid leave, and their employers cannot legally punish employees for doing so. Yet sometimes employers terminate workers for using FMLA leave. This article will outline wrongful termination under the FMLA and what employees can do about it.

When Can Workers Legally Take FMLA Leave?

Jerry works for Major League Baseball’s office in Los Angeles. A hard worker who is beloved by his co-workers, Jerry loves his job and is passionate about the sport of baseball, its teams, and its fans.

When Jerry’s wife Margarita becomes pregnant, Jerry asks his boss Snuff Snyder for three weeks off, unpaid. Jerry knows he must ask at least 30 days in advance, so he asks Snuff 8 months in advance. Snuff begrudgingly agrees to Jerry’s request, and Jerry thanks his boss, excited for the birth of his firstborn.

Jerry plans to help Margarita, a horse trainer, care for their child. He is also excited to bond with the little child for three weeks since Jerry usually works 60-hour weeks for MLB and travels often.

When the time comes, Ping is born a healthy baby boy. Jerry returns to work three weeks later to an office filled with cards, gifts, miniature baseballs, and uniforms for little Ping.

However, when Jerry enters his first meeting of the day, he finds that he is no longer in charge of the project he is running. When Jerry meets with Snuff about the changes, Snuff informs him that he needs workers who do not take leave in any circumstance. Snuff also tells Jerry he has demoted him to a junior position that pays less than half his past salary.

Jerry informs Snuff that he has never taken leave before and that the changes are unfair to his family and career. Snuff replies with the statement Jerry thought he’d never hear: “You’re fired, Champ.”

We may have exaggerated Jerry’s situation, but it is not uncommon. Some employers retaliate when workers take unpaid leave under the FMLA. Sometimes, that retaliation leads to wrongful termination.

What is the FMLA, and What Rights Do Workers Have Under This Law?

The Family Medical Leave Act is a federal law stipulating when and for how long workers can take medical leave without fear of employer retaliation. The FMLA asserts that workers in specific situations can take unpaid leave from their jobs. When they do so, their employers cannot punish them for taking this leave under the FMLA.

Employees must understand that they are entitled to take temporary unpaid leave in certain situations. However, this unpaid leave should not provoke retaliation from employers and should certainly not lead to the termination that Jerry experienced.

Whom Does the FLMA Apply To?

Employees must know that in specific situations, it is a given right to take unpaid leave without any retaliation from their employers.

The FMLA applies to companies with 50 or more workers who have worked for the employer for at least 12 months (at least 1250 hours). Additionally, employees must work alongside 50 or more workers or within 75 miles of a location where this occurs.

The FMLA also includes these rights:

Time to care for the needs of a spouse, child, or parent afflicted by a medical condition deemed serious.
Time for conditions related to pregnancy and childbirth.
Time to spend time and bond with a newborn and care for a newborn.
Time to spend time and care for an adopted child or new foster child.
Time to care for a family member in the armed forces (26 weeks are afforded in this case).
Time to care for an injury or illness keeps workers from doing their job.

How Do Employees Take FMLA Leave Properly?

To take FMLA to leave properly, workers must provide their employers with at least 30 days’ notice. Or they can give notice within as much time as is “practical.”

If employers do not provide the correct notice, they may legally miss out on FMLA protections. When FMLA leave does apply, the worker usually has the right to up to 12 weeks of unpaid leave. There is also a guaranteed right to reinstatement to the same position or a position that is comparable, though certain exemptions apply.

When employers unfairly reinstate employees in different positions, many workers contact qualified employment lawyers for help with their cases. Sometimes, employers decide not to reinstate individuals, and an employee should also call an attorney in this case.

When Jerry returned, he found out that his boss, Snuff, had reinstated him to a position that was not comparable to his prior post. Worried about his wife Margarita and his new son Ping, Jerry immediately contacted an experienced wrongful termination attorney.

Employees who take leave under FMLA are protected from retaliation, such as:

Termination
Demotion
Pay cuts
Other adverse actions by the employer

Jerry’s boss Snuff Snyder chose to retaliate against Jerry by terminating his employment, and this means that Jerry may have a strong case against Snuff and his Major League Baseball office.

When Can FMLA Leave Be Terminated?

Businesses cannot terminate workers for taking leave under the protections of the FMLA. However, a lawsuit may soon follow when a company illegally discharges an employee for something like taking medical leave.

Suppose an employer unlawfully terminates an employee for taking medical time off. In that case, the employee needs to keep a careful record of what has occurred and contact an attorney.

Importantly, employers in California still retain the right to fire employees at any time and for any reason since employees in California are at will. This right makes gathering evidence and proving an unlawful termination has occurred under FLMA challenging. In these cases, getting in touch with an experienced employment lawyer is most favorable.

Jerry contacted one of the top employment attorneys in Los Angeles, and they ended up taking his case to trial. As a result, Jerry collected damages for lost wages and employment, and he now has a new job working for Major League Soccer in Sacramento, CA.

Jerry did the right thing: he stood up for his rights as a California worker and contacted an attorney for help. His first free consultation with a lawyer provided the answers he needed. After that, the case against Jerry’s boss Snuff Snyder proceeded smoothly, resulting in a victory for worker’s rights in California.

FMLA Wrongful Termination Attorneys

Please contact our office for a free consultation with our FMLA wrongful termination attorneys. Our attorneys have valuable experience handling wrongful termination claims in California. Therefore, we will listen carefully to the details of your case and deduce exactly how to help you.

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